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Offences concerned with prohibited drugs generally (Simple Possession)

Welcome to the WA Offences concerned with prohibited drugs generally (Simple Possession) article page. Everything you need to know about Offences concerned with prohibited drugs generally (Simple Possession) according to WA Law.

What the Law states according to WA Law for Offences concerned with prohibited drugs generally (Simple Possession)

According to WA Law for the charge of Offences concerned with prohibited drugs generally (Simple Possession),

Section 6(2) of the Misuse of Drugs Act: A person who has in his possession or uses a prohibited drug commits a simple offence, except where the possession is in accordance with a prescription or where the drug was sold or supplied to him by a registered medical practitioner. A “prohibited drug” is a drug of addiction, a specified drug, or any drug listed in Schedule I of the Misuse of Drugs Act.“Possession” includes control or dominion over, and to have the order or disposition of the thing.

The Maximum Penalty – Offences concerned with prohibited drugs generally (Simple Possession)

According to WA Law for the charge of Offences concerned with prohibited drugs generally (Simple Possession),

The maximum penalty is a fine not exceeding $2,000 or a term of imprisonment not exceeding 2 years or both.

If the person is found with less than 10 grams of cannabis (excluding cannabis resin) the person may be issued with a Cannabis Intervention Requirement, giving them the option to attend a Cannabis Intervention Session or be prosecuted for the offence.

What the Police must prove according to WA Law for Offences concerned with prohibited drugs generally (Simple Possession)

  1. That the drugs in the accused’s possession are prohibited;
  2. That the accused was aware that the drugs were in their possession; and
  3. That the accused had some form of claim or control over the drugs.

Possible Defences under WA Law – Offences concerned with prohibited drugs generally (Simple Possession)

(a) Mistake of fact;
(b) Complete lack of knowledge;
(c) Duress;
(d) The drugs were not in the accused person’s possession;
(e) Emergency; and
(f) Lawful authority

In WA which court will hear the matter – Offences concerned with prohibited drugs generally (Simple Possession)

The matter would be heard in the Magistrates Court.

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